Brian Hoxie's Painting Co. v. Cato-Meridian Central School District

Green and Pine, JJ.

(dissenting). The majority, while recognizing that section 200-d of the Labor Law applies to a school district, nevertheless affirms the grant of summary judgment to defendant school district on the ground that plaintiff has failed to state a valid cause of action. We disagree. Defendant violated section 220-d of the Labor Law by failing to include in the advertised specifications for the contract a provision stating the minimum hourly rate of wage which can be paid and the minimum supplement that can be provided. It is well established that violation of a statute may…